MANILA, Philippines — Retired Chief Justice Artemio Panganiban on Wednesday said that the two-thirds vote required for conviction in an impeachment trial should be based on "active participation," as he reiterated that the judgment of the Senate is "final and unappealable" before the Supreme Court unless there is grave abuse of discretion.
Speaking as an amicus curiae or friend of the Senate Impeachment Court, Panganiban said that two-thirds of the Senate’s 24 members is mathematically 16, but argued that constitutional interpretation cannot always stop at that calculation.
He said "reality sometimes changes the denominator," as he urged senator-judges to consider the purpose of the Constitution and the actual circumstances affecting senators’ ability to participate.
"Is it truthful and fair to allow senators to cast their votes despite being absent from the proceedings? Is it fair and truthful should senators be allowed to vote though they’re in hiding, abroad, legally detained, sick, hospitalized, or otherwise absent, and have not been able to access and examine the documents; have not heard the testimonies and have not observed the demeanor of the witnesses?" Panganiban said.
"As the elected representatives of the Filipino people, the Senate's mandate demands a commonsensical interpretation of the Constitution. Meaningful adjudication requires active participation in the search for truth and fairness," he added.
Panganiban said that the Senate's judgment is not appealable to the Supreme Court because there is no constitutional provision allowing such appeal.
"The only way by which the Court can review a Senate decision or order is when the Senate commits grave abuse of discretion," he said.
